Delta Computers and Rentals

Written by Delta Computers on January 1, 2014

 Benefits of Rental Agreement

Extended Warranty – All hardware faults are fully covered by our company. With much of our equipment you receive any extended warranty over the standard warranty terms if you were to outright purchase. ( Excludes damage and power related issues )

Upgrades – At any time during the Rental Agreement you may choose to add items to your rental. At certain times during the Rental Agreement there will be an option to upgrade the equipment.

Flexible Payments – Future payments can be paid weekly, fortnightly or monthly and can be changed during the rental agreement to suit your circumstances.

Delivery and onsite setup – This service is available for customers who need assistance in their home or business setup

Specialised Technicians – We have a large number of trained, experienced technicians to help and assist our customers. Computers and Home Entertainment is our sole specialty.

Latest New Equipment – We offer the leading edge technology

Setup – All computers are provided to the customer with all the latest service packs, updates, virus free and with all programs required by the customer completely installed.

 

RENTAL AGREEMENT  –  TERMS  AND  CONDITIONS

  1. GENERAL

It is agreed: (a) it is the obligation of Renter to obtain delivery of the Goods, and (b) Renter is bailee of the Goods only.

  1. COMMENCEMENT

This Agreement is not binding upon Owner until it has been executed on behalf of the Owner.  The signing of any acceptance constitutes an acceptance although no attempt need be made to advise the Renter.  The provisions of this clause shall not be affected or prejudiced by reason of any prepayment of moneys by Renter or the delivery of the Goods to Renter prior to signature by Owner and any such delivery shall pending signature be deemed merely conditional.  In the event of the Goods coming into the possession of Renter before signature by Owner Renter is obliged to insure, care for and use the Goods and otherwise comply with the following terms from the date of such possession.

  1. PAYMENT

Renter must: (a) pay to Owner from the commencement date the Rent described in the Schedule for the whole of the Term of this Agreement in accordance with the Schedule; and (b) make all payments in accordance with the Periodical Payment Authority or as otherwise directed; and (c) pay to Owner any expenses, costs or disbursements incurred by the Owner in recovering any outstanding monies including debt collection agency fees and solicitors costs; and (d) pay a late payment fee of $35 to cover collection and administration costs on any monies overdue more than 7 days; and (e) pay interest at the rate of 25% per annum on any moneys payable under this Agreement which may from time to time be overdue, and (f) pay to Owner any expenses which Owner may incur by reason of Owner retaking or attempting to retake possession of the Goods, and (g) repay to Owner on demand any moneys which Owner may think fit to pay to make good any failure by Renter to comply with any obligation under this Agreement or any other obligation incurred by Renter in respect of the Goods and any other expense which Owner may incur in the enforcement or protection of the rights of Owner hereunder including (without limitation) monies paid by Owner in releasing any lien claimed over the Goods and dismantling and removing the Goods from any premises and in the repair or renovation of such premises.

  1. NO OFFER TO SELL

This Agreement in not an offer by us the Owner to sell the goods to the Renter and the Renter has no right or obligation to purchase the goods from the owner. The Renter may make an offer to purchase similar goods from the Owner on the expiry of the Rental Agreement subject to rent not being in arrears. Similar Goods is defined as goods which are similar in age, dimension and features to the goods including any accessories and manuals.

  1. OBLIGATIONS

Renter must: (a) keep the Goods in good order and repair (reasonable wear and tear excepted) and properly operate and service the Goods, and (b) indemnify Owner against loss of or damage to the Goods (including lawful confiscation): and (c) not alter or make any addition to the Goods without consent of Owner nor alter any identifying number or mark; and (d) keep the Goods in the control of Renter and not attempt or purport to sell, dispose of or encumber the Goods in any way; and (e) not assign this Agreement or Renter’s rights under this Agreement without the prior written consent of Owner (Sections 80 and 82 of the Property Law Act 1969 are excluded); and (f) notify Owner immediately in writing of any change in Renter’s address; and (g) not use the Goods except in the State in which Renter’s address appearing hereon is located or such other State as Owner may from time to time in writing approve; and (h) produce the Goods for inspection from time to time at the request of Owner; and (i) notify Owner immediately following any loss or damage to the Goods; and (j) not use or install the Goods so that the Goods are fixtures without the consent of Owner; and (k) indemnify Owner against any claims and costs whatsoever arising out of the use, operation or keeping of the Goods or any defect in the Goods present or future or in any manner relating thereto; and (l) at the expiration or upon the sooner determination of this Agreement to deliver up the Goods at Renter’s expense to Owner at the address of Owner appearing in the Schedule or any other address designated by the Owner in good order, repair and condition; and (m) comply with all relevant Acts, regulations and by-laws relating to the registration or licensing of the Goods or in any manner whatsoever relating to the Goods or the use of the Goods and pay promptly all requisite fees and charges; and (n) allow Owner to enter any premises where Owner believes the Goods may be located for the purpose of inspecting or testing the Goods.

  1. INSURANCE

Renter must: (a) insure and keep the Goods insured against fire, accident , theft, damage and such other risks as Owner may require for an amount equal to the full insurable value of the Goods with a reputable insurer in the name of Owner and Renter for their respective rights and interests: and (b) maintain with insurers approved by Owner public risk insurance in respect of the Goods of an amount approved by Owner: and (c) deposit with Owner all policies of insurance and pay promptly all premiums and stamp duty in respect of such policies and permit Owner to receive all insurance moneys and execution hereof shall be proof of the irrevocable authority of Owner to receive the same: and ( d) not do or permit or suffer to be done anything which might or could prejudice any insurance.

  1. DEFAULT

An event of default occurs if: (a) Renter does not pay on time any money payable under this Agreement; or (b) any present or future monetary obligation of Renter is not satisfied on time or at the end of its period of grace or becomes prematurely payable; or (c) distress is levied or a judgement, order or security is enforced, or becomes enforceable against any property of Renter, or (d) a representation or warranty made by Renter in connection with this Agreement is found to be incorrect or misleading; or (e) Renter ceases to carry on its business or a material part of it , or threatens to do so except to reconstruct or amalgamate on terms approved by Owner; or (f) an order is made or an effective resolution is passed for the winding up of Renter or a meeting is called to consider a resolution to wind up or dissolve Renter or a meeting is called to place Renter under official management or an inspector is appointed to investigate Renter or Renter proposes or enters into an arrangement or reconstruction or composition with all or any class of its creditors or Renter is unable to pay its debts when they fall due; or (g) a receiver or receiver and manager is appointed in respect of any of the property of Renter; or (h) Renter does not observe any other obligation under this Agreement.

  1. CONDITIONS

Conditions of this Agreement are: (a) that Renter pays Rent on time and complies with clause 6; and (b) that an event described in clauses 7 (b) – (g) does not occur.  Renter will be taken to have repudiated this Agreement if: (i) it does not rectify any non-observance of an obligation referred to in (a) of this clause within 10 days of Owner requesting it to do so; or (ii) an event described in (b) of this clause occurs.

 

  1. ACCEPTANCE OF REPUDIATION

If Owner accepts the repudiation of this Agreement Renter must immediately; (a) return the Goods to Owner to place specified by Owner in good working order and repair; and (b) pay to Owner all money then payable under this Agreement; and (c) pay to Owner as liquidated loss of bargain damages the Termination Value. “Termination Value” means the amount determined by Owner on the day of payment to be the balance of the Rent payable under this Agreement discounted to the value at that time at the rate as determined by Owner in its absolute discretion which is 2% below the implicit interest rate in this Agreement at the Commencement Date.

  1. OTHER TERMINATION

If an event of default occurs which does not constitute a repudiation of this Agreement Owner may terminate this Agreement.  If this occurs Renter must immediately do the things specified in clause 9(a) – (b)

  1. RENTER’S OBLIGATIONS AFTER DEFAULT

Following acceptance of repudiation or other termination of this Agreement Renter must do everything necessary to ensure that Owner immediately regains possession of the Goods.  If this does not occur Owner may retake possession of the Goods and is irrevocably authorised by Renter to enter on land or premises owned or occupied by it to do so.  Renter indemnifies Owner against liability, loss, costs, charges or expenses arising because of the repudiation of this Agreement or because of an event of default including, in each case, without limitation legal costs and expenses on a full indemnity basis.

  1. WARRANTIES

Renter warrants that before signing this Agreement he has examined the Goods and has satisfied himself as to the condition of the Goods and their suitability for Renter’s purposes.  Renter’s obligation to pay Rent and otherwise observe its obligations continue is not withstanding the occurrence of any defect or breakdown in the Goods.

  1. EXCLUSION OF WARRANTIES

(a)    Except for applicable non-excludable consumer guarantees, rights or warranties

(“Consumer Guarantees”) under consumer laws Owner does not give any warranties or guarantees in relation to the Goods or any services. (b) Nothing in this Rental Agreement is to be taken to exclude, restrict or modify any Consumer Guarantee as described in (a) above that Owner is prohibited by law from excluding, restricting or modifying. (c) To the extent that a Consumer Guarantee applies (and where the relevant goods or services are not of a kind ordinarily acquired for personal, domestic or household use) Owner’s liability for breaches of that Consumer Guarantee is limited, as far as the law permits, to the repair or replacement of the Goods or the re-supply of the services or the cost of these. d) To the extent permitted by law, Owner excludes all liability for indirect or consequential damage, loss of income, loss of profit or interruption of business.

  1. NOTICES

Any notice to be given by Owner shall be without prejudice to any other method of giving the same and is deemed to have been given if placed in the post postage paid addressed to Renter at the last known place of abode or business of Renter.

  1. ASSIGNMENT AND SUCCESSION

Owner may (but subject always to the rights of Renter) sell or assign either absolutely or by way of security its rights under this Agreement and to the Goods.  This Agreement shall bind Renter, Renter’s successors, executors, administrators and permitted assigns and shall ensure to the benefit of Owner, its successors and assigns.

  1. INDEMNITY

Renter agrees to indemnify Owner against any liability which Owner may incur under any Sales Tax or Income Tax Assessment Act by reason of the use of the Goods by Renter for any purpose other than stated by Renter to Owner.

  1. TAXES

Renter agrees to pay in addition to the rent and other charges herein referred to all Stamp Duties and other duties (including Financial Institutions Duty), fees and imposts payable to any Government or semi-Government body in respect of or arising as a result of this Agreement.

  1. NON WAIVER

No waiver by Owner of a default, breach or repudiation of this Agreement by Renter shall affect the rights of Owner in respect of any further or continuing default breach or repudiation.

  1. EXCLUSION OF REPRESENTATIONS

Owner is not responsible to Renter for any representation, warranty or other statement made by any person to Renter regarding the Goods including without limiting the generality of the foregoing any representation, warranty or statement as to the suitability of the Goods for Renters purposes.

  1. TIME

In respect of obligation to pay money, time shall be of the essence of this Agreement.

  1. AGENCY

No objection shall be made to owner entering into this Agreement as agent for any other person (whether disclosed or otherwise) or to the fact that such other person may have or acquire the property in the Goods.

  1. INTERPRETATION

Any reference in this Agreement to the singular includes the plural and vice versa and any reference to one gender includes the other genders, and any reference to “person” includes a Corporation or any other legal entity.  Except as provided in Clause 29 an Agreement on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally.

  1. SEVERANCE

In the event that any provision (or part) contained in this Agreement is rendered void, invalid or unenforceable, then such provision (or part) shall be severed without affecting the remaining provisions.

  1. HOLDING – OVER

In the event of Renter failing to return the Goods (with the consent of Owner) at the expiration of this Agreement then the period of this Agreement shall be deemed extended from month to month at a monthly rental equal to the average monthly rental during the term of this Agreement and upon the terms set forth in this Agreement but so that such extended period may be determined by Owner demanding possession of the Goods at any time or by Renter delivering the Goods to Owner, having previously given Owner at least one month’s written notice of its intention to do so.

  1. BLANKS AND CORRECTIONS

Renter irrevocably authorises Owner to complete any blank spaces appearing in the Schedule in particular to insert the commencement date and the serial numbers and other identification data of the Goods.  Owner may by written notice to Renter amend the Schedule to correct any errors including but not limited to errors in the calculation of Rent and any such written notice shall be binding upon Renter.

  1. INCREASED COSTS

If Owner determines that it is affected by the introduction or commencement of, or any change in, or in the interpretation, application or administration of any present or future law, official directive or regulation (including, without limitation, changes in depreciation rates or methods applicable to the Goods in this Agreement ) and as a result : (a) the cost to Owner of keeping the Goods under this Agreement; or (b) any amount paid or payable to Owner or the return to Owner under this Agreement is in any way reduced, then Renter must on demand pay to Owner by way of increased Rent an amount as notified by Owner to Renter which represents the increased cost or reduction.

  1. CERTIFICATE

A certificate signed by a person holding the office of director, secretary or manager of Owner stating the amount of any monetary liability of Renter or Guarantor at any date shall be inclusive evidence against that person of the liability to pay that monetary liability as at the date of that certificate and shall be prima facie evidence of the amount of the liability.

  1. GUARANTEE

If a Guarantor is named as a party to this Agreement the terms and conditions headed Guarantee and Indemnity which are annexed to this Agreement are deemed incorporated as if set out in full and those terms and conditions apply to and bind the Guarantor accordingly.

 

  1. PARTNERSHIP

Where Renter is or includes a partnership: (a) (i) this Agreement shall continue to be binding notwithstanding any changes which may from time to time take place in the partners whether by the death or retirement of any partner or the admission of any new partner or otherwise and notwithstanding that the partnership no longer carries on business; and (ii) this Agreement shall be binding on each of Renter as a principal debtor notwithstanding that that person is not or is no longer a member of that partnership: (b)  Each member of the partnership who is party to this Agreement is severally bound as guarantor and indemnifier under the Guarantee and Indemnity referred to above.

  1. PPSA

(a) Definitions. In this clause: (i) Goods means the equipment referred to in this Rental Agreement; (ii) PPSA means the Personal Property Securities Act 2009 (Cth); and (iii) the terms accession, account, collateral, financing statement, financing change statement, inventory, proceeds, purchase money security interest, secured party and security interest have the same meanings as in the PPSA.(b) Acknowledgements. The Renter acknowledges and agrees: (i) that the Owner owns the Goods and has a security interest in the Goods which extends to the proceeds (including any account) and any accession; (ii) that to the extent to which the money owing by the Renter to the Owner under this deed represents all or part of the purchase price owing to the Owner in respect of the Goods, that security interest will be a purchase money security interest; (iii) that this deed attaches to the Goods from the date of this deed and there is no agreement to defer attachment to a later time; (iv) that the Renter must not sell, transfer, encumber or otherwise deal with any Goods without the prior written consent of the Owner, which consent the Owner may withhold in its absolute discretion; (v) to execute any documents and provide all relevant information and full cooperation to the Owner to ensure the Owner has a first ranking perfected security interest in the Goods under the PPSA; (vi) not to change the Renter’s name or contact details (including address) without the Owner’s prior written consent; and (vii) that the Owner may register any financing statement, financing change statement or other documents and do all other things which are necessary or desirable to perfect and maintain the Owner’s security interest under this deed, to preserve its interest in the Goods and to realise the Owner’s security interest with the agreed priority, at the Renter’s expense.(c) Third Party Information. (i) The Renter appoints the Owner (and if the Owner is a corporation, each officer of the Owner for the time being) as its agent and authorised representative for the purpose of requesting information from other secured parties under section 275 of the PPSA. (ii) The Renter and the Owner must not disclose information of the kind mentioned in section 275(1) of the PPSA unless required by law.(d) Notices. Without limiting any other provision of this deed, the Renter waives its rights to receive any notice under the PPSA (including a copy of any verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.(e) Waivers and PPSA provisions not applicable.  If Chapter 4 of the PPSA would otherwise apply to the enforcement of the security interest created under this deed, the Renter agrees with the Owner that: (i) nothing in section 125, Division 6 of Part 4.3 and section 143 of the PPSA will apply to this deed or the security interest under it; and (ii) the Renter waives its rights to do any of the following: (AA) object to the purchase of the collateral by the Owner under section 129; (BB) receive a statement of account under section 132(3)(d) following a disposal showing the amounts paid to other secured parties and whether security interests held by other secured parties have been discharged; (CC) receive a statement of account under section 132(4) if there is no disposal; and (DD) redeem the collateral under section 142.

 

Form 17 Information statement ( subsection 175 (1) of the Code, regulation 105 of the Regulations )

Things you should know about your consumer lease

This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease.

The lease

1) How can I get details of my lease?

Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 14 days after the lessor enters into the consumer lease, unless you already have a copy of the consumer lease. If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy —

  • within 14 days of your written request if the contract came into existence 1 year or less before your request; or • otherwise within 30 days.

2) What should my lease tell me?

You should read your lease carefully. Your lease should tell you about your obligations, and include information on matters such as —

  • details of the goods which have been hired; and, • any amount you have to pay before the goods are delivered; and, • stamp duty and other government charges you have to pay; and, • charges you have to pay which are not included in the rental payments; and, • the amount of each rental payment; and, • the date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and, • the number of rental payments; and, • the total amount of rent; and, • when you can end your lease; and, • what your obligations are (if any) when your lease ends.

This information only has to be included in your lease if it is possible to give it at the relevant times. If your lease does not tell you all these details, contact your credit provider’s external dispute resolution scheme, or get legal advice, for example from a community legal centre or Legal Aid, as you may have rights against your lessor.

3) Can I end my lease early?

Yes. Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides.

4) What will I have to pay if I end my lease early?

The amount the lease says you have to pay.

If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early.

5) Can my lease be changed by my lessor?

Yes, but only if your lease says so.

6) Is there anything I can do if I think that my lease is unjust?

Yes. You should talk to your lessor. Discuss the matter and see if you can come to some arrangement. If that is not successful, you may contact your credit provider’s external dispute resolution scheme.

EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS CREDIT OMBUDSMAN SERVICES AND CAN BE CONTACTED ON 1800 138 422

Alternatively, you can go to court. You may also wish to get legal advice, for example from a community legal centre or Legal Aid, and/or make a complaint to ASIC. ASIC can be contacted on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au

The goods

7) If my lessor writes asking me where the goods are, do I have to say where they are?

Yes. You have 7 days after receiving your lessor’s request to tell your lessor. If you do not have the goods you must give your lessor all the information you have so they can be traced.

8) When can my lessor or its agent come into a residence to take possession of the goods?

Your lessor can only do so if it has the court’s approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

General

9) What do I do if I can not make a rental payment?

Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement. You can ask your lessor to change your lease in a number of ways — to extend the term of your lease and reduce rental payments; or, to extend the term of your lease and delay rental payments for a set time; or, to delay rental payments for a set time.

10) What if my lessor and I can not agree on a suitable arrangement?

If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong. If the lessor still refuses your request, you can complain to the external dispute resolution scheme that your lessor belongs to. Further details about this scheme are set out below in question 12.

11) Can my lessor take action against me?

Yes, if you are in default under your lease. But the law says that you can not be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact your credit provider’s external dispute resolution scheme or ASIC, or get legal advice.

12) Do I have any other rights and obligations?

Yes. The law will give you other rights and obligations. You should also READ YOUR LEASE carefully.

IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE.

PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.